Bombay High Court Orders Facebook To Remove Fake Accounts Impersonating USV Chairperson Leena Gandhi Tewari
The Bombay High Court has directed Facebook to take down fake accounts impersonating USV chairperson Leena Gandhi Tewari, after finding that they were being used to exploit her reputation and allegedly defraud people seeking financial assistance.
Justice Arif S. Doctor passed the ad-interim order on October 28 in a suit filed by Tewari.
Tewari's counsel told the Court that several fake Facebook accounts had been created using her name, description and morphed photographs. The accounts allegedly took advantage of her philanthropic reputation to deceive individuals who believed they were communicating with her.
The Court was shown a complaint from one such individual, who said he had exchanged messages with an account he believed belonged to Tewari for nearly a year. After his house was damaged in floods, the account allegedly promised financial assistance to rebuild it, but asked him to first transfer Rs. 5,000 through Google Pay. He later realised that he had been communicating with a fake profile.
Finding a prima facie case for interim protection, the Court observed that the continued operation of the accounts threatened both Tewari's reputation and unsuspecting members of the public.
“The recognition that the Plaintiff has received for her philanthropic work alone is telling and deserves protection,” the Court said.
It also took note of Facebook's failure to take down the accounts despite complaints, observing that the responses received appeared automated and did not address the substance of the allegations.
The Court noted that another defendant had also failed to act on the complaints under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
The Court restrained the operators from using Tewari's name, image, likeness and photographs, or claiming any association with her without authorisation.
It directed Facebook to suspend and disable access to the identified accounts, preserve associated records and provide Tewari's lawyers with basic subscriber information of those who created them.
Tewari has been permitted to amend the plaint and implead the individuals or entities identified through the information supplied by Facebook.
The interim relief will continue until December 2, when the matter is next listed.
For Leena Gandhi Tewari: Advocate Kunal Dwarkadas a/w. Rahul Dwarkadas, Aniket Kharote, Rahul Deshpande, Neveille Mukerji and Raushan Kumar i/b. RJD & Partners